ILLINOIS ASS'N OF REALTORS v. STERMER

No. 4-13-0079.

2014 IL App (4th) 130079

ILLINOIS ASSOCIATION OF REALTORS, Plaintiff-Appellant, v. JEROME STERMER, Acting Director, The Governor's Office of Management and Budget; MANUEL FLORES, Acting Secretary, The Department of Financial and Professional Regulation; MALCOLM WEEMS, Acting Director, The Department of Central Management Services, The State of Illinois; DAN RUTHERFORD, Treasurer, The State of Illinois; JUDY BAAR TOPINKA, Comptroller, The State of Illinois; and PATRICK QUINN, Governor, The State of Illinois, in All Their Official Capacities, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Filed February 7, 2014.


Attorney(s) appearing for the Case

Counsel on James G. Fahey (argued) and Stephen J. Bochenek , both of Sorling Northrup, of Springfield, for appellant.

Lisa Madigan , Attorney General, of Chicago ( Michael A. Scodro , Solicitor General, and Brian F. Barov (argued), Assistant Attorney General, of counsel), for appellees.

Justices Pope and Turner concurred in the judgment and opinion.


OPINION

JUSTICE KNECHT, delivered the judgment of the court, with opinion.

¶ 1 In June 2006, plaintiff, Illinois Association of Realtors, filed a complaint asserting the FY2007 Budget Implementation (Finance) Act (2007 Budget Act) (Pub. Act 94-839 (eff. June 6, 2006)) was unconstitutional because it transferred monies from the Real Estate License Administration Fund (Administration Fund) into the state's General Revenue Fund. In June 2012, defendants...

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